Overview of Utah Medical Malpractice Statutes

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The Utah Health Care Malpractice Act governs medical malpractice actions against health care providers. The statutes are as follows:

§ 78B-3-401. Title

§ 78B-3-402. Legislative findings and declarations - Purpose of act

§ 78B-3-403. Definitions

§ 78B-3-404. Statute of limitations - Exceptions - Application

§ 78B-3-405. Amount of award reduced by amounts of collateral sources available to plaintiff - No reduction where subrogation right exists - Collateral sources defined - Procedure to preserve subrogation rights - Evidence admissible - Exceptions

§ 78B-3-406. Failure to obtain informed consent - Proof required of patient - Defenses - Consent to health care

§ 78B-3-407. Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child

§ 78B-3-408. Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result

§ 78B-3-409. Ad damnum clause prohibited in complaint

§ 78B-3-410. Limitation of award of noneconomic damages in malpractice actions

§ 78B-3-411. Limitation on attorney's contingency fee in malpractice action

§ 78B-3-412. Notice of intent to commence action

§ 78B-3-413. Professional liability insurance coverage for providers - Insurance commissioner may require joint underwriting authority

§ 78B-3-414. Periodic payment of future damages in malpractice actions

§ 78B-3-415. Actions under Utah Governmental Immunity Act

§ 78B-3-416. Division to provide panel - Exemption - Procedures - Statute of limitations tolled - Composition of panel - Expenses - Division authorized to set license fees

§ 78B-3-417. Proceedings - Authority of panel - Rights of parties to proceedings

§ 78B-3-418. Decision and recommendations of panel - No judicial or other review

§ 78B-3-419. Evidence of proceedings not admissible in subsequent action - Panelist may not be compelled to testify - Immunity of panelist from civil liability - Information regarding professional conduct

§ 78B-3-420. Proceedings considered a binding arbitration hearing upon written agreement of parties - Compensation to members of panel

§ 78B-3-421. Arbitration agreements

§ 78B-3-422. Evidence of disclosures - Civil proceedings - Unanticipated outcomes - Medical care